The interim order changed the statutory freeze....that’s why it’s an interim order. The interim order has not changed the one list or flow, as you have suggested. Otherwise, it would already be changed...because it’s an interim order.China_CAAC_Exam wrote: ↑Mon Nov 19, 2018 5:49 amRezy, while the statutory freeze is in operation, working conditions will remain as they were prior to the commence of collective bargaining towards a new contract, unless changes are agreed by the company and the bargaining agent. What will happen as of the instant that the CBA is released by Kaplan, is the flow agreement from WJE to WJ will no longer be in operation as regards pilots keeping their WJE DOH for the purposes of position and base assignments, as WJ pilots will be governed by an ALPA CBA with a DOH seniority clause and seniority list in its CBA. WJE will avail itself of the force majeure clause in the WJE pilot agreement to escape liability for being unable to satisfy it the DOH obligation to WJE pilots with respect to flow to mainline.Rezy wrote: ↑Sun Nov 18, 2018 10:05 pm The one list is still alive and well and was upheld with the bids from early November as encore pilots were awarded positions based on their seniority. All the theories involving Kaplan and him changing the list are not true because even after his interim order(s) the one list has been maintained. So he did not and has not changed it.
So yes, when I said the WPDL was dead, that was a rehortical flourish. Pilots are still flowing to WJ in order of their WJE DOH. According to Kaplan the CBA will be released by the end of the year. At that time, all former WJE pilots then at WJ will find themselves on a WestJet Pilot Seniority List at a position dictated by the date they commenced employment at WJ (mainline). The WJE pilots who have not flowed will not appear on that list until they flow to WJ.
The flow agreement is also in the WJE agreement, which is under statutory freeze and must be honoured by the company, regardless of what Kaplan says or does, as he has no authority (currently) over the WJE work rules. He could do what he did with Swoop and make Encore common employer, then he could rule on the Encore work agreement...but as of today he has no authority to do so. So flow will stay after the CBA.
Seniority at WJ being honored by WJE DOH is currently being accomplished through a LOU of which you are already aware.
Flow and seniority are not mutually exclusive to one another (I know your aware of this, but for others reading). It’s in everyone’s interest to have seniority sorted out before the final arbitration award in late December and it seems as though ALPA and the company are currently hard at work getting that mutually beneficial agreement on paper.